Credit Acceptance Corp. v. Ledbetter

2 Citing cases

  1. Waltrip v. Pilot Travel Ctrs.

    Civ. 21-642 GBW/KRS (D.N.M. Jun. 17, 2022)   Cited 5 times

    As noted earlier, conclusory denials like these ones generally do not create a genuine issue of material fact about contract formation where a contract bearing the denier's signature or handwritten, printed name is also in the record, the authenticity of the signature or handwritten, printed name is not disputed, and the denier offers no evidence corroborating his denial. See, e.g., Walker v. VXI Global Sols., 2021 WL 2525721, at *4-5; Mitchell, 433 F.Supp.3d at 1070-71; cf. Credit Acceptance Corp. v. Ledbetter, CIVIL ACTION NO: 1:16CV70-DAS, 2016 WL 4688867, at *3 (N.D. Miss. Sept. 7, 2016) (finding a genuine factual issue about formation where an employee unequivocally denied signing the document containing the arbitration provision and provided evidence of her genuine signature to show that the signature on the document was not hers).

  2. Byars v. Asbury Mgmt. Servs.

    CIVIL ACTION NO. 3:19-cv-660-DCB-JCG (S.D. Miss. Jan. 10, 2020)   Cited 2 times

    [ECF No. 13] at p. 19. Byars has not requested a trial, and the Court may satisfy its duty under ยง4 by holding an evidentiary hearing. Credit Acceptance Corp. v. Ledbetter, No. 1:16-cv-70-DAS. 2016 WL 4688867, at *4 (N.D. Miss. Sept. 7, 2016). The Court agrees that the parties need to provide additional briefing on the issue of arbitration and that an evidentiary hearing be held.